Brajpal and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Brajpal and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court (CJM, Farrukhabad) to summon witnesses through appropriate process, strive to complete the pending 2010 trial within one year of production of the certified copy of the order (absent legal impediment), refrain from granting unnecessary adjournments, and with all stakeholders bound to assist in expeditious disposal.

Issue for consideration

Whether the trial court (Chief Judicial Magistrate, Farrukhabad) should be directed to conclude the trial of Case No.268 of 2010, pending since 2010, expeditiously within a stipulated period.

Court's answer

The court concerned is directed to invoke its powers under the CrPC to ensure the presence of witnesses by sending appropriate process as early as possible.

Ratio / Principle

The trial court is to make all endeavours for expeditious disposal of the case, if possible within one year from the date of production of the certified copy of this order before it, if there is no legal impediment.

Key takeaways

It is further directed that no unnecessary adjournment will be sought or granted in the trial.ratio¶11
Besides the Presiding Officer, all stakeholders (police and executive authorities, counsels, parties to the case, staff etc.) are bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.), Application U/S 483 No. 1599 of 2024, decided 09.01.2025 (Neutral Citation 2025:AHC:4812): Accused applicants in Trial Case No.268 of 2010 (arising out of case crime no. 1073 of 2010, Sections 63/64 Copyright Act, 1957, P.S. Kotwali Farrukhabad) pending before the Chief Judicial Magistrate, Farrukhabad since 2010 sought a direction for expeditious trial; charges had been framed in 2013 with no witness examined and no prosecution evidence adduced. The Court directed the court concerned to invoke its CrPC powers to ensure witness presence by appropriate process, to endeavour expeditious disposal, if possible within one year from production of the certified copy of the order provided there is no legal impediment, and barred unnecessary adjournments; all stakeholders (police and executive authorities, counsels, parties, staff) were made bound to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:4812

Court No. - 82

Case :- APPLICATION U/S 483 No. - 1599 of 2024

Applicant :- Brajpal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the trial of Case No.268 of 2010, arising out of case crime no. 1073 of 2010, under Sections 63/64 Copyright Act, 1957, Police Station Kotwali Farrukhabad, District Farrukhabad pending in the Court of Chief Judicial Magistrate, Farrukhabad expeditiously within stipulated period.

Heard learned counsel for the applicants as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicants that the applicants are the accused in the said case and same is pending since 2010. The Court concerned is not taking proper interest in disposal of the said case. In this case charges have been framed in the year 2013 but no witness has been examined so far.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that charges in this matter were framed in the year 2013 and since then the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. The case is critically old case. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the witnesses by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within one year from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of .

Order Date :- 9.1.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad